T.P.I. -- CRIM. 11.08

FRAUD IN INSOLVENCY

            Any person who commits the offense of fraud in insolvency is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

[Part A:

            (1)  that the defendant [destroyed] [removed] [concealed] [encumbered]

                   [transferred] [harmed] [reduced the value of] the _______________;                                                                                                      (subject property)

and

            (2)(a) that proceedings [had been] [were about to be] instituted for the

                        appointment of a [trustee] [receiver] [person entitled to administer

                        property for the benefit of creditors] for said property;

or

                 (b) that an [assignment] [composition] [liquidation] for the benefit of

                        creditors [had been] [was about to be] made of said property;

and

            (3)  that the defendant acted with intent to defeat or obstruct the operation

                   of law relating to administration of property for the benefit of

                   creditors.]

or

[Part B:

            (1)  that the defendant falsified a writing or record relating to

                   [____________________________________] [a claim

                                    (the subject property)

                   against the debtor];

and

            (2)(a) that proceedings [had been] [were about to be] instituted for the

                      appointment of a [trustee] [receiver] [person entitled to administer

                      property for the benefit of creditors] for said property;

or

                 (b) that an [assignment] [composition] [liquidation] for the benefit of

                        creditors [had been] [was about to be] made of said property;

and

            (3)  that the defendant acted intentionally.]

or

[Part C:

            (1)  that the defendant [misrepresented] [refused to disclose] to a [trustee]

                   [receiver] [person entitled to administer property for the benefit of

                   creditors] [the existence] [the amount] [the location] [any information

                   that the defendant could legally be required to furnish in relation to

                   the administration] of the subject property;

and

            (2)(a) that proceedings [had been] [were about to be] instituted for the

                        appointment of a [trustee] [receiver] [person entitled to

                        administer property for the benefit of creditors] for said property;

or

                (b)  that an [assignment] [composition] [liquidation] for the benefit of

                        creditors [had been] [was about to be] made of said property;

and

            (3)  that the defendant acted intentionally.]

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.²

            "Fraud" is defined as the term is used in ordinary conversation and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.³

            "Property" means anything of value, including, but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from the land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].⁴

            "Harm" means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested.⁵

            ["Composition" means an agreement or settlement, often by compromise, as by the creditors of a potential bankrupt.]⁶

FOOTNOTES

 1.  Tenn. Code Ann. § 39-14-117(a).

 2.  Tenn. Code Ann. § 39-11-106(a)(18).

 3.  Tenn. Code Ann. § 39-11-106(a)(13).

 4.  Tenn. Code Ann. § 39-11-106(a)(28).

 5.  Tenn. Code Ann. § 39-11-106(a)(17).

 6.  Webster's New World Dictionary (Second College Ed. 1974).

COMMENTS

            1.  Fraud in insolvency is a Class E felony.  Tenn. Code Ann. § 39-14-117(b).